E-Commerce Operators Sues Over Counterfeit Allegations | Swarovski Trademark Infringement Action
Swarovski is moving forward with a trademark infringement action! The jewelry brand is well known around the world and its products are extremely popular among consumers. Given Swarovski’s reputation, its trademarks are highly valuable. Per the details of the lawsuit, the Plaintiff claims that sellers have offered counterfeit goods on multiple online marketplaces.
To gain a deeper understanding of Swarovski’s trademark infringement allegations, we’ll review a few excerpts below, taken from the legal complaint:
Defendants have targeted sales to Illinois residents by setting up and operating e- commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars and/or funds from U.S. bank accounts, and, on information and belief, have sold Counterfeit Swarovski Products to residents of Illinois.
[The sellers] also deceive unknowing consumers by using the SWAROVSKI Trademarks without authorization within the content, text, and/or meta tags of their e-commerce stores to attract various search engines crawling the Internet looking for websites relevant to consumer searches for Swarovski Products.
Other e-commerce stores operating under the Seller Aliases omit using SWAROVSKI Trademarks in the item title to evade enforcement efforts, while using strategic item titles and descriptions that will trigger their listings when consumers are searching for Swarovski Products.
Stockman & Poropat, PLLC is Ready to Help Your Business!
Stockman & Poropat, PLLC is ready and able to assist you and your business get through this Swarovski trademark infringement lawsuit. Our firm is helmed by award-winning attorneys with an extraordinary level of experience in the legal realm of e-commerce! What’s the greatest advantage of working with our stellar intellectual property law firm?
Consider the fact that most direct settlements (sellers negotiating with Plaintiffs themselves) result in sellers getting to keep just about 60% of their money. We don’t believe that sort of deal provides the sort of outcome sellers affected by such lawsuits deserve. Stockman & Poropat, PLLC wants to save you money and protect your e-commerce operation’s reputation!
The Defendants may also be curious how much responsibility do they have with regard to the allegations? Will the sellers have to answer for every single allegation put forward by Swarovski? That really depends on the details of your particular e-commerce business. At Stockman & Poropat, PLLC, our team will work closely with you to fully grasp those granular details. We want to establish what you’re liable for, in terms of the allegations, so that your overall outcome is that much more positive. As we mentioned, our firm prioritizes protecting online sellers and achieving the best possible resolution. We know firsthand how competitive the e-commerce marketplace is. Getting broadsided by a trademark infringement lawsuit isn’t exactly what every online seller hopes for. Our firm is here for you to rely on, so that you can right the ship and continue reaching incredible heights as a seller!
Swarovski Alleges Sellers Engaged in Infringement and Counterfeiting
As you’ve seen, Swarovski has alleged that the named sellers engaged in various types of infringement and counterfeiting. Principal among the allegations is the claim that the Defendants are a network. That is, the Plaintiff wants to show that the sellers acted collectively. Per Swarovski, by working together the Defendants have been able to find more success selling counterfeit products. In a sense, this allegation is the crux of Swarovski’s trademark infringement action. By naming the Defendants as a network, it gives the Plaintiff the ability to sue all of the sellers in one single legal action. It’s also the reason why the Plaintiff claims the Defendants’ actions have caused serious damage to their reputation.
All of the sellers need to provide a response to the court! By doing this, they’ll avoid a Default Judgment. Sellers very likely don’t want a DJ because it’ll be more complicated and expensive. Additionally, whatever judgment is noted in that case will not be contestable at a later time. Those decisions are permanent, for the most part. Stockman & Poropat, PLLC doesn’t want any seller to unnecessarily entrench their business into the negative. Our firm wants to help!
The main disruption that will manifest with the Swarovski lawsuit is going to the temporary restraining order. The Plaintiff will have the court approve of the TRO to freeze all money in the Defendants’ online selling accounts. Even if you sell on more than one platform, it’s probable that all of the accounts will be frozen. For some businesses, that could mean thousands of dollars get tied up. For other sellers, this sort of disruption could push them to the edge of bankruptcy. All in all, the Swarovski lawsuit and the temporary restraining order will potentially hurt online sellers. Choose Stockman & Poropat, PLLC because we know what it takes to protect sellers like you!
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Want to read about more trademark infringement? Check out this article on how Harley-Davidson Sued Online Sellers For Forming a Network to Sell Counterfeit Goods.
